Reclaim Unfair Bank Charges article discussion Part II

timbo04

I wonder if anybody can help - i started a small claims action against Lloyds at Haddington Sheriff Court (near Edinburgh) - the return date was on the 20th August - yesterday a couple of Sheriff Officers turned up with a cist (stay) on the case which is to heard on Monday - does anybody know whether its worthwhile turning up and making a case against it on the grounds of financial hardship? any information would be gratefully received.
cheers
tim

Edinburghlass_2

Have a read of the Govan Law Centre for an article regarding grounds to oppose a sisting...

http://www.govanlc.com/

ronnie3108

keep going

here is a small shred of optimism. My partner won judgement by default against Lloyds on 30/05/07 and when we didn't get paid he had a bailiffis watrrant issued. LLoyds however put in a request to have the judgement by default set aside, and so I assume the bailiffs warrant has not progressed.
He got a hearing date of today at Southend County court for LLoyds to put across their reasons for wanting the judgement set aside (we had already written to the court with our reasons as to why they should not allow this abuse of the claim and court process by Lloyds).
Well - of course, LLoyds never turned up today to defend their reasons and so the Judge has ruled in my partners favour that the judgement by default of 30/05 can stand and he can proceed with the Bailiffs warrant to recover his money. it s'pose we may stand a chance as the judgement by default and and the warrant were all issued prior to the FSA ruling. So it is possible that cases are proceeding on an individual basis - so make sure you turn up at any court hearing when requested to do so. The hard bit for us is now going to be getting the money out of Lloyds even after todays ruling - but I assume that the Courts decision is final and we can now get the bailiffs to act - and we hope that in view of this they can't hide behind the reidculous, biased and unfair FSA & OFT ruling.

sparky080703

Hi All

Can somebody please give me a little advice. After winning bank charges back i thought i would try on my credit cards. Today i have recieved a letter saying that my credit cards statements were been processed but because of the decision made, they are not looking into any more claims. Can they do this or are Halifax taking the p**s?

Thanks Sparky :money:

ronnie3108

oh meant say as well that the Judge said that she took a "very dim view" on Lloyds non-attendance at court today in light of the fact that they had paid £65 to have the judgement by default set aside.
So - if the banks are resting on their laurels, puffing away on their cigars thinking that they have had a reprieve with the FSA & FOS decision they may be mistaken.
When my partner asked if Lloyds could still write to the court to have todays decision overturned AGAIN - the Judge said that the case would come back directly to HER (not another judge) and LLoyds would have to have some amazing reason for her to overturn the decision she has made today and she is deeply unhappy that they had failed to attend court today in the first place. So even though I can only imagine that Lloyds will try to wriggle out of this again by asking for judgement to be set aside (what excuse are they gonna use for todays - non attendance - whoops sorry I had a dental appointment), the Judge is having none of their excuses.

sarahjane81

Hi I was wondering if anyone can help?
I finally received my statements from Clydesdale yesterday requested on 21rst March (they stalled and stalled, ignored ICO all of which seems to have paid off).
What I would like to know is if anyone knows whats going on with the Scottish courts, I'm in Perth, so if anyone has any experience of this please let me know.

Palerie-head

ronnie3108 wrote: »

keep going

here is a small shred of optimism. My partner won judgement by default against Lloyds on 30/05/07 and when we didn't get paid he had a bailiffis watrrant issued. LLoyds however put in a request to have the judgement by default set aside, and so I assume the bailiffs warrant has not progressed.
He got a hearing date of today at Southend County court for LLoyds to put across their reasons for wanting the judgement set aside (we had already written to the court with our reasons as to why they should not allow this abuse of the claim and court process by Lloyds).
Well - of course, LLoyds never turned up today to defend their reasons and so the Judge has ruled in my partners favour that the judgement by default of 30/05 can stand and he can proceed with the Bailiffs warrant to recover his money. it s'pose we may stand a chance as the judgement by default and and the warrant were all issued prior to the FSA ruling. So it is possible that cases are proceeding on an individual basis - so make sure you turn up at any court hearing when requested to do so. The hard bit for us is now going to be getting the money out of Lloyds even after todays ruling - but I assume that the Courts decision is final and we can now get the bailiffs to act - and we hope that in view of this they can't hide behind the reidculous, biased and unfair FSA & OFT ruling.

What great news - well done!!!
This has given me hope too - I was given judgement on 25/7 and HSBC have applied to the court to have it set aside. I've sent my case against that to the judge and now just await a court date so that I can put my case forward face to face...fingers crossed I get the same outcome!

Send in the bailiffs my friend!

ronnie3108

Palerie-head wrote: »

What great news - well done!!!
This has given me hope too - I was given judgement on 25/7 and HSBC have applied to the court to have it set aside. I've sent my case against that to the judge and now just await a court date so that I can put my case forward face to face...fingers crossed I get the same outcome!

Send in the bailiffs my friend!

Thanks PalerieHead. Good luck with yours and I think the important thing is that my partner nearly wasn't going to go to court (because he thought that with the OFT & FSA ruling in place - then Lloyds would easily get the judgement set aside or the case stayed). It was only because he phoned the court last week to see whether it was worth attending today's hearing and was told that he should indeed attend because he had really already won his case at the time of judgement by default - and therefore if he attended court for this judgement set aside hearing and the judge ruled in his favour then Lloyds would have to pay him. So he did the right thing and we're glad he did. So my advice is don't remind Halifax that you have a hearing date - just go along for the 10 minute hearing and hopefully you'll have the same result - especially, as like us you have already written to the court to outline your disgust and reasons why their request to have the judgement by default set aside should not be allowed to proceed. Such letters to the court DO get read, because the court person my partner spoke with on the phone last week when asking whether he should attend; had all that detail in front of her and acknowledged that he had written to the court giving his reasons. Good luck and keep us updated, and likewise I'll post an update as to whether we have any success in now obtaining our money after todays judgement.

4kilner

Hi Martin,
Just wanted to say thanks although my case has not been settled in full I was most surprised on receiving my last statement to find £770 had ben deposited. I couldn't understand at first, because I had turned down their 'Good Will Gesture' of £763 telling them I was not satisfied and was going to approach the F.O and also would be taking thrm to Court. Then we here everything on hold because of the awaiting test case. I telephoned the F.O. Office and was told they hadn't received my application but not too worry as their post bag was over filling. A few days later received everything back from F.O. and letter to advise about the test case and that the F.O. was also putting things on hold, and as the case would probably take a few months to come to court I should just hold tight. Then as I said the £770 was deposited. I telephoned the Abbey and said I didn't accept their 'Good Will Gesture' of £763 and was waiting until the test case. They told me not too worry they have given me the £770 and I can keep it whether the case is won or lost. If the case is won I will be given tghe rest of the money asked for £4500 plus interest and also the other charges that have been going on my account whilst it is overdrawn.

Sorry to go on and on but thought better to explain and to tell all you over claimants to keep fighting, sign the petition to Gordon Brown and of course we will win.

Val Taylor

blue13

Well thats my £750 from Lloyds in the bank:beer: . Now its time to write them a letter telling them i do not accept this as full and final settlement(which they want me to do) and that as stated on the fsa's website, they have no right to do:mad: . Also if i do not recieve the remaimder they owe me i will be informing the fos who has the rest of my claim of Lloyds's payment to me and trying to push me to settle even after the test case has started.

It seems to me the banks are now on the back foot and trying any tactics they can to damage control. Lets really stick it to em now like they have been doing to us for years!!;)

good luck guys!!